Hello again and thank you for the reply. The very last thing you want to do, if you want to protect your legal interests is to resign from your job at this point. I can't tell you what to do and you ultimately have to do what you think is right for you personally. But from a legal standpoint you will not only have a very difficult time qualifying for unemployment benefits
, but also if you want to preserve any issue you might have related to retaliation
for using FMLA
(if you did) or discrimination
based on your temporary
disability of depression, you will want to stay if you can.
To back up a bit on the wage complaint issue. There are no guarantees that an employer won't take an adverse action based on a wage complaint, but if they do you then have legal recourse by way of either a wrongful termination
suit if you are let go, or retaliation suit if you are demoted, etc.
As for job assignments, again as you know, the employer is free to set and change the terms and conditions of employment anytime. However, as I touched on above, they cannot do so either in retaliation for an employee taking time off under FMLA, or with discriminatory intent because the employee has, or had, a disability under the ADA
. If you believe that occurred, then you need to take the first step which is to file a formal complaint with your HR. The employer must be given an opportunity to resolve the issue before you could take it outside the company and file a complaint with the EEOC
or a law suit. If they cannot, or will not resolve it, then you can move forward with action outside the company.
Additionally, for purposes of unemployment benefits. In order for a claimant to qualify, they must either have been terminated without cause or must have quit for "good cause" attributable to the employer. Before the employee can quit due to what they believe is "good cause" they must first exhaust their remedies within the company to resolve the issues they have. Therefore, based on what you have told me, it would be difficult at this point to carry your burden of proof with the unemployment commission.
You can see what the State considers "good cause" to quit by reading the information at: http://www.masslegalhelp.org/employment-unemployment/ui-if-quit